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BUTLER v. UNITED STATES

No. 16899.

254 F.2d 875 (1958)

Clayton BUTLER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 22, 1958.

Attorney(s) appearing for the Case

Julian Hartridge, Savannah, Ga., for appellant.

Joseph B. Bergen, Asst. U. S. Atty. Savannah, Ga., William C. Calhoun, U. S. Atty., Augusta, Ga., for appellee.

Before RIVES, BROWN and WISDOM, Circuit Judges.

PER CURIAM.

This case, as does Cook v. United States, 5 Cir., 254 F.2d 871, concerns the effect of a district judge inquiring of the jury as to its numerical standing. After having been out for about fortyfive minutes, the jury was recalled to the courtroom for the purpose of making arrangements for lunch, and the court inquired of the jury: "Let me ask you all something; have you about reached an agreement or not? The foreman replied...

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